CHAPTER Committee Substitute for Committee Substitute for House Bill No. 665

Similar documents
1 of 9. APPLICATION CHECKLIST - IMPORTANT - Submit all items on the checklist below with your application to ensure faster processing.

APPLICATION CHECKLIST IMPORTANT Submit all items on the checklist below with your application to ensure faster processing. APPLICATION REQUIREMENTS

State of Florida Department of Business and Professional Regulation Division of Drugs, Devices, and Cosmetics

Florida Engineers Laws & Rules 2015 to 2017 Rule Changes During the Preceding Biennium

AGENDA FINANCIAL SERVICES COMMISSION OFFICE OF FINANCIAL REGULATION

CHAPTER 471 ENGINEERING

STATE OF FLORIDA OFFICE OF FINANCIAL REGULATION. Application for Registration as Consumer Collection Agency Chapter 559 Part VI, Florida Statutes

CHAPTER Committee Substitute for Committee Substitute for House Bill No. 807

State of Florida Department of Business and Professional Regulation Division of Drugs, Devices, and Cosmetics

The Georgia Residential Mortgage Act O.C.G.A et seq. (2008)

CHAPTER 61B-60 YACHT AND SHIP BROKERS

Assembly Bill No. 404 Assemblyman Frierson

ENROLLED HOUSE BILL No. 4928

CHAPTER House Bill No. 1-B

State of Florida Department of Business and Professional Regulation Division of Drugs, Devices, and Cosmetics

STATE OF CALIFORNIA DEPARTMENT OF CORPORATIONS INFORMATION ON THE APPLICATION FOR A LENDER S AND/OR BROKER S LICENSE CALIFORNIA FINANCE LENDERS LAW

CHAPTER Committee Substitute for Committee Substitute for Committee Substitute for House Bill No. 993 and House Bill No.

CHAPTER Committee Substitute for House Bill No. 2281

205 CMR: MASSACHUSETTS GAMING COMMISSION

1. Do you hold an active or inactive Virginia Real Estate Salesperson License? No Yes. If yes, provide your license number and expiration date below

CHAPTER Committee Substitute for Senate Bill No. 26-A

State of Florida Department of Business and Professional Regulation Division of Drugs, Devices, and Cosmetics. Form No.

PART XVI MOLD-RELATED SERVICES Mold-related services licensing program; legislative purpose.

State of Florida Department of Business and Professional Regulation Division of Drugs, Devices, and Cosmetics

STATE OF FLORIDA OFFICE OF FINANCIAL REGULATION APPLICATION FOR CONSUMER FINANCE COMPANY LICENSE CHAPTER 516, FLORIDA STATUTES

APPLICATION CHECKLIST IMPORTANT

CHAPTER 12. Currency Exchange Services

FOR ORANGE COUNTY, FLORIDA AMENDED ADMINISTRATIVE ORDER GOVERNING THE CRIMINAL TRAFFIC WRITTEN PLEA BUREAU IN ORANGE COUNTY, FLORIDA

State of Florida Department of Business and Professional Regulation Division of Drugs, Devices, and Cosmetics

State of Florida Department of Business and Professional Regulation Division of Drugs, Devices, and Cosmetics

State of Florida Department of Business and Professional Regulation Division of Drugs, Devices, and Cosmetics

Chapter 9.--BANKS AND BANKING; TRUST COMPANIES. Article 22.--MORTGAGE BUSINESS

APPLICATION CHECKLIST IMPORTANT Submit all items on the checklist below with your application to ensure faster processing.

DEPARTMENT OF FINANCIAL SERVICES Division of Funeral, Cemetery & Consumer Services 200 East Gaines Street Tallahassee, FL

STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD FLORIDA STATUTES, CH.

Chapter UNFAIR TRADE AND CONSUMER PROTECTION. Article Credit Service Organizations

State of Florida Department of Business and Professional Regulation Division of Drugs, Devices, and Cosmetics

State of Florida Department of Business and Professional Regulation Asbestos Licensing Unit Request for Change of Status Form # DBPR ALU 4

State of Florida Department of Business and Professional Regulation Division of Drugs, Devices, and Cosmetics

ADOPTED REGULATION OF THE ADMINISTRATOR OF THE SECURITIES DIVISION OF THE OFFICE OF THE SECRETARY OF STATE. LCB File No. R016-02

CHAPTER Committee Substitute for Committee Substitute for House Bill No. 679

Sections 4(k), 5. Section 2, 3(A) Scope. Money Transmitters

61J License Fees and Examination Fees. (1) Every person, partnership, limited liability partnership, corporation or limited liability company

CHAPTER Committee Substitute for House Bill No. 1301

CHAPTER Committee Substitute for Committee Substitute for Senate Bill No. 772

1) The Act or the Community Association Managers Practice Act means , et seq., C.R.S.

DEPARTMENT OF ARKANSAS STATE POLICE ARKANSAS CONCEALED HANDGUN CARRY LICENSE RULES

CHAPTER Committee Substitute for House Bill No. 1277

EVERY QUESTION MUST BE ANSWERED OR THE APPLICATION WILL BE RETURNED TO YOU!

Ohio Legislative Service Commission

CHAPTER Council Substitute for House Bill No. 1157

APPLICATION FOR REMOVAL SERVICE LICENSE Under Section , Florida Statutes. Before the Board of Funeral, Cemetery and Consumer Services.

Please mail your completed application, documentation and required fee(s) to: 2601 Blair Stone Road Tallahassee, Fl

CHAPTER House Bill No. 1113

ADAM H. PUTNAM COMMISSIONER

Please mail your completed application, documentation and required fee(s) to: 2601 Blair Stone Road Tallahassee, Fl

State of Florida Department of Business and Professional Regulation Board of Professional Geologists

ARTICLE XIV PAIN MANAGEMENT CLINICS AND CASH ONLY PHARMACIES

CHAPTER 7.00 BUSINESS SERVICES. Background Screening of Noninstructional Contractors 7.142

RULES OF THE TENNESSEE REAL ESTATE COMMISSION CHAPTER LICENSING TABLE OF CONTENTS

AN ACT.

LOUISIANA REVISED STATUTES TITLE 6 BANKS AND BANKING CHAPTER 13. SALE OF CHECKS AND MONEY TRANSMISSION

STATE OF OKLAHOMA. 1st Session of the 54th Legislature (2013) AS INTRODUCED

APPLICATION FOR CINERATOR FACILITY LICENSE Under Section , Florida Statutes. Before the Board of Funeral, Cemetery and Consumer Services.

CHAPTER House Bill No. 693

CHAPTER House Bill No. 7023

APPLICATION CHECKLIST IMPORTANT Submit all items on the checklist below with your application to ensure faster processing.

State of Florida Department of Business and Professional Regulation Division of Drugs, Devices, and Cosmetics

South Carolina Department of Labor, Licensing and Regulation South Carolina Real Estate Commission

CHAPTER Council Substitute for Committee Substitute for House Bill No. 325

Tools Regulatory Review Materials California Accountancy Act

STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION 2601 Blair Stone Road Tallahassee, FL

Assembly Bill No. 60 Committee on Transportation

CHAPTER Committee Substitute for Senate Bill No. 618

NOTICE OF RULE DEVELOPMENT (First Notice)

ARKANSAS STATE POLICE SECURITY OR INVESTIGATION BRANCH LOCATION APPLICATION

Teacher Education Programs Background Check Requirements

APPLICATION CHECKLIST IMPORTANT Submit all items on the checklist below with your application to ensure faster processing.

TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT CHAPTER II: DEPARTMENT OF STATE POLICE

APPLICATION CHECKLIST - IMPORTANT - Submit all items on the checklist below with your application to ensure faster processing.

Bourse de Montréal Inc. 3-1 RULE THREE APPROVED PARTICIPANTS. I. General Provisions

AN ACT. Be it enacted by the General Assembly of the State of Ohio:

CHAPTER Committee Substitute for Senate Bill No. 494

CHAPTER Committee Substitute for Committee Substitute for House Bill No. 3265

ARKANSAS STATE POLICE PRIVATE BUSINESS RECOGNITION APPLICATION

MONEY TRANSMISSION BUSINESS LICENSING LAW - OMNIBUS AMENDMENTS Act of Nov. 3, 2016, P.L. 1002, No. 129 Cl. 07 Session of 2016 No.

14B NCAC is readopted as published in 32:12 NCR 1202 and amended as published in 32:13 NCR 1268 with changes as follows:

FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

2020 $ per cemetery Reinstatement 4020 $ per cemetery

Florida Court Interpreter Program. Application for Court Interpreter Registration

APPLICATION CHECKLIST IMPORTANT Submit all items on the checklist below with your application to ensure faster processing. APPLICATION REQUIREMENTS

Private Investigator and Security Guard Licensing Board

This chapter shall be known and may be cited as the "Locksmith Licensing Act of 2006."

APPLICATION CHECKLIST IMPORTANT Submit all items on the checklist below with your application to ensure faster processing.

EXAM APPLICATION FOR REAL ESTATE

CHAPTER Committee Substitute for Committee Substitute for Senate Bill Nos. 716 and 2660

VEHICLE SALESPERSON LICENSE HANDBOOK

F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

JEFFERSON PARISH CONCEALED HANDGUN PERMIT NEW APPLICATION PACKAGE

1 SB By Senator Whatley. 4 RFD: Tourism and Marketing. 5 First Read: 07-FEB-17 6 PFD: 01/30/2017. Page 0

Transcription:

CHAPTER 2013-201 Committee Substitute for Committee Substitute for House Bill No. 665 An act relating to licensure by the Office of Financial Regulation; amending s. 494.00321, F.S.; authorizing, rather than requiring, the office to deny a mortgage broker license application if the applicant had a mortgage broker license revoked previously; amending s. 494.00611, F.S.; authorizing, rather than requiring, the office to deny a mortgage lender license application if the applicant had a mortgage lender license revoked previously; amending s. 517.12, F.S.; revising the procedures and requirements for submitting fingerprints as part of an application to sell, or offer to sell, securities; removing conflicting language; amending s. 560.141, F.S.; revising the procedures and requirements for submitting fingerprints to apply for a license as a money services business; requiring the Office of Financial Regulation to pay an annual fee to the Department of Law Enforcement; removing conflicting language; requiring certain licensees to submit live-scan fingerprints before the next renewal period; amending s. 560.143, F.S.; conforming provisions to changes made by the act; providing effective dates. Be It Enacted by the Legislature of the State of Florida: Section 1. Effective upon this act becoming a law, subsection (5) of section 494.00321, Florida Statutes, is amended to read: 494.00321 Mortgage broker license. (5) The office may shall deny a license if the applicant has had a mortgage broker license, or its equivalent, revoked in any jurisdiction and shall deny a license, or if any of the applicant s control persons has had a loan originator license, or its equivalent, revoked in any jurisdiction. Section 2. Effective upon this act becoming a law, subsection (5) of section 494.00611, Florida Statutes, is amended to read: 494.00611 Mortgage lender license. (5) The office may deny not issue a license if the applicant has had a mortgage lender license or its equivalent revoked in any jurisdiction and shall deny a license if, or any of the applicant s control persons has ever had a loan originator license or its equivalent revoked in any jurisdiction. Section 3. to read: Subsection (7) of section 517.12, Florida Statutes, is amended 517.12 Registration of dealers, associated persons, investment advisers, and branch offices. 1

(7) The application must shall also contain such information as the commission or office may require about the applicant; any member, principal, or director of the applicant or any person having a similar status or performing similar functions; any person directly or indirectly controlling the applicant; or any employee of a dealer or of an investment adviser rendering investment advisory services. Each applicant and any direct owners, principals, or indirect owners that are required to be reported on Form BD or Form ADV pursuant to subsection (15) shall submit fingerprints for live-scan processing in accordance with rules adopted by the commission. The fingerprints may be submitted through a third-party vendor authorized by the Department of Law Enforcement to provide live-scan fingerprinting. The costs of fingerprint processing shall be borne by the person subject to the background check. The Department of Law Enforcement shall conduct a state criminal history background check, and a federal criminal history background check must be conducted through the Federal Bureau of Investigation. The office shall review the results of the state and federal criminal history background checks and determine whether file a complete set of fingerprints. A fingerprint card submitted to the office must be taken by an authorized law enforcement agency or in a manner approved by the commission by rule. The office shall submit the fingerprints to the Department of Law Enforcement for state processing, and the Department of Law Enforcement shall forward the fingerprints to the Federal Bureau of Investigation for federal processing. The cost of the fingerprint processing may be borne by the office, the employer, or the person subject to the background check. The Department of Law Enforcement shall submit an invoice to the office for the fingerprints received each month. The office shall screen the background results to determine if the applicant meets licensure requirements. The commission may waive, by rule, the requirement that applicants, including any direct owners, principals, or indirect owners that are required to be reported on Form BD or Form ADV pursuant to subsection (15), submit file a set of fingerprints or the requirement that such fingerprints be processed by the Department of Law Enforcement or the Federal Bureau of Investigation. The commission or office may require information about any such applicant or person concerning such matters as: (a) His or her full name, and any other names by which he or she may have been known, and his or her age, social security number, photograph, qualifications, and educational and business history. Any injunction or administrative order by a state or federal agency, national securities exchange, or national securities association involving a security or any aspect of the securities business and any injunction or administrative order by a state or federal agency regulating banking, insurance, finance, or small loan companies, real estate, mortgage brokers, or other related or similar industries, which injunctions or administrative orders relate to such person. (c) His or her conviction of, or plea of nolo contendere to, a criminal offense or his or her commission of any acts which would be grounds for refusal of an application under s. 517.161. 2

(d) The names and addresses of other persons of whom the office may inquire as to his or her character, reputation, and financial responsibility. Section 4. to read: Subsection (1) of section 560.141, Florida Statutes, is amended 560.141 License application. (1) To apply for a license as a money services business under this chapter, the applicant must submit: (a) Submit An application to the office on forms prescribed by rule which includes the following information: 1. The legal name and address of the applicant, including any fictitious or trade names used by the applicant in the conduct of its business. 2. The date of the applicant s formation and the state in which the applicant was formed, if applicable. 3. The name, social security number, alien identification or taxpayer identification number, business and residence addresses, and employment history for the past 5 years for each officer, director, responsible person, the compliance officer, each controlling shareholder, and any other person who has a controlling interest in the money services business as provided in s. 560.127. 4. A description of the organizational structure of the applicant, including the identity of any parent or subsidiary of the applicant, and the disclosure of whether any parent or subsidiary is publicly traded. 5. The applicant s history of operations in other states if applicable and a description of the money services business or deferred presentment provider activities proposed to be conducted by the applicant in this state. 6. If the applicant or its parent is a publicly traded company, copies of all filings made by the applicant with the United States Securities and Exchange Commission, or with a similar regulator in a country other than the United States, within the preceding year. 7. The location at which the applicant proposes to establish its principal place of business and any other location, including branch offices and authorized vendors operating in this state. For each branch office and each location of an authorized vendor, the applicant shall include the nonrefundable fee required by s. 560.143. 8. The name and address of the clearing financial institution or financial institutions through which the applicant s payment instruments are drawn or through which the payment instruments are payable. 3

9. The history of the applicant s material litigation, criminal convictions, pleas of nolo contendere, and cases of adjudication withheld. 10. The history of material litigation, arrests, criminal convictions, pleas of nolo contendere, and cases of adjudication withheld for each executive officer, director, controlling shareholder, and responsible person. 11. The name of the registered agent in this state for service of process unless the applicant is a sole proprietor. 12. Any other information specified in this chapter or by rule. In addition to the application form, submit: 1. A nonrefundable application fee as provided in s. 560.143. (c)2. Fingerprints for each person listed in subparagraph (a)3. for livescan processing in accordance with rules adopted by the commission. 1. The fingerprints may be submitted through a third-party vendor authorized by the Department of Law Enforcement to provide live-scan fingerprinting. 2. The Department of Law Enforcement must conduct the state criminal history background check, and a federal criminal history background check must be conducted through the Federal Bureau of Investigation. 3. All fingerprints submitted to the Department of Law Enforcement must be submitted electronically and entered into the statewide automated fingerprint identification system established in s. 943.05(2) and available for use in accordance with s. 943.05(2)(g) and (h). The office shall pay an annual fee to the Department of Law Enforcement to participate in the system and shall inform the Department of Law Enforcement of any person whose fingerprints no longer must be retained. 4. The costs of fingerprint processing, including the cost of retaining the fingerprints, shall be borne by the person subject to the background check. 5. The office shall review the results of the state and federal criminal history background checks and determine whether the applicant meets licensure requirements. 6. For purposes of this paragraph, fingerprints are not required to be submitted if A fingerprint card for each of the persons listed in subparagraph (a)3. unless the applicant is a publicly traded corporation, or is exempted from this chapter under s. 560.104(1). The fingerprints must be taken by an authorized law enforcement agency. The office shall submit the fingerprints to the Department of Law Enforcement for state processing, and the Department of Law Enforcement shall forward the fingerprints to the Federal Bureau of Investigation for federal processing. The cost of the fingerprint processing may be borne by the office, the employer, or the person 4

subject to the criminal records background check. The office shall screen the background results to determine if the applicant meets licensure requirements. As used in this section, The term publicly traded means a stock is currently traded on a national securities exchange registered with the federal Securities and Exchange Commission or traded on an exchange in a country other than the United States regulated by a regulator equivalent to the Securities and Exchange Commission and the disclosure and reporting requirements of such regulator are substantially similar to those of the commission. 7. Licensees initially approved before October 1, 2013, who are seeking renewal must submit fingerprints for each person listed in subparagraph (a) 3. for live-scan processing pursuant to this paragraph. Such fingerprints must be submitted before renewing a license that is scheduled to expire between April 30, 2014, and December 31, 2015. (d)3. A copy of the applicant s written anti-money laundering program required under 31 C.F.R. s. 103.125. (e)4. Within the time allotted by rule, any information needed to resolve any deficiencies found in the application. Section 5. Section 560.143, Florida Statutes, is amended to read: 560.143 Fees. (1) LICENSE APPLICATION FEES. The applicable non-refundable fees must accompany an application for licensure: (a) Part II... $375. Part III...$188. (c) Per branch office... $38. (d) For each location of an authorized vendor... $38. (e) Declaration as a deferred presentment provider... $1,000. (f) Fingerprint retention fees as prescribed by rule. (g) License application fees for branch offices and authorized vendors are limited to $20,000 when such fees are assessed as a result of a change in controlling interest as defined in s. 560.127. (2) LICENSE RENEWAL FEES. The applicable non-refundable license renewal fees must accompany a renewal of licensure: (a) Part II... $750. 5

Part III...$375. (c) Per branch office... $38. (d) For each location of an authorized vendor... $38. (e) Declaration as a deferred presentment provider... $1,000. (f) Renewal fees for branch offices and authorized vendors are limited to $20,000 biennially. (g) Fingerprint retention fees as prescribed by rule. (3) LATE LICENSE RENEWAL FEES. (a) Part II... $500. Part III...$250. (c) Declaration as a deferred presentment provider... $500. Section 6. Except as otherwise expressly provided in this act and except for this section, which shall take effect upon this act becoming a law, this act shall take effect October 1, 2013. Approved by the Governor June 14, 2013. Filed in Office Secretary of State June 14, 2013. 6